- 1 - HC-KAR NC: 2025:KHC-D:14239 RSA No. 100668 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI REGULAR SECOND APPEAL NO.100668 OF 2025 BETWEEN: SRI. KRISHNA S/O. MALHAR RAO KULKARNI, AGE: 61 YEARS, OCC. PRIVATE SERVICE, R/O. CTS NO 1/9 KOPPA TANK, SAIDAPUR VILLAGE, M.B. NAGAR, DHARWAD-580008. …APPELLANT (BY SRI. MADANMOHAN M. KHANNUR, ADVOCATE) AND: SMT. LEELA W/O. VENKATESH HAMPIHOLLI, R1 DEAD, HIS LRS ARE ALREADY ON RECORD AS R2 AND R3. 1. SRI. RAVINDRA S/O. VENKATESH HAMPIHOLLI, AGE: 68 YEARS, OCC. PENSIONER, R/O. #RM 103, A WING FLAT NO. 101, SNEHA VAIBHAV CHS MIDC DOMBIVILLI EAST, THANE-421201, MAHARASTRA. 2. SMT. SANDYA @ SNEHA D/O. VENKATESH HAMPIHOLLI, AGE: 57 YEARS, OCC. HOUSEWORK, R/O. #RM 103, A WING FLAT NO. 101, SNEHA VAIBHAV CHS MIDC DOMBIVILLI EAST, THANE-421201, MAHARASTRA. 3. SRI. AJIT S/O. MALHAR KULKARNI, AGE: 69 YEARS, OCC. PRIVATE SERVICE R/O. BHAVANI NAGAR, DESAI APARTMENT, DHARWAD-580001. 4. SMT. SNEHA W/O. ANANTH KULKARNI, YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2025.10.27 10:44:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14239 RSA No. 100668 of 2025 AGE: 50 YEARS, OCC. HOUSEWIFE R/O. 1514, MANDOLI ROAD, 3RD CROSS, DWARAKANAGAR, AROGYA KENDRA, BELAGAVI-590009. 5. SRI. SOHIL S/O. ANANTH KULKARNI, AGE: 32 YEARS, OCC. PRIVATE SERVICE, R/O. 1514, MADOLI ROAD, 3RD CROSS, DWARAKANAGAR, AROGYA KENDRA, BELAGAVI-590009. 6. SRI. SOHAN S/O. ANANTH KULAKARNI, AGE: 28 YEARS, OCC. STUDENT, R/O. 1514, MADOLI ROAD, 3RD CROSS, DWARAKANAGAR, AROGYA KENDRA, BELAGAVI-590009. 7. SRI. PAVAN S/O. VIJAYA KULKARNI, AGE: 36 YEARS, OCC. PRIVATE SERVICE, R/O. CTS 1/9 KOPPA TANK, SAIDAPUR VILLAGE, M.B.NAGAR, DHARWAD-580008. 8. SMT. SUREKHA W/O. SRIKANT JOSHI, AGE: 62 YEARS, OCC. HOUSEWORK, R/O. S.N. JOSHI, ADVOCATE, MANGALWAR PETH, NEAR NAGRESHWAR TEMPLE, DHARWAD-580008. …RESPONDENTS (BY SMT. SUNANDA AYATTI AND SMT. VIDYA JAHAGIRDAR, ADVOCATE FOR R1 AND R2/C) THIS RSA IS FILED UNDER SECTION 100 OF CPC, 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.08.2025 IN R.A.NO 50/2023 PASSED BY THE COURT OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD CONFIRMING JUDGMENT AND DECREE DATED 09.06.2023 IN O.S.NO 89/2016 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND CJM., DHARWAD, AND DISMISSED THE SUIT FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE C M JOSHI - 3 - HC-KAR NC: 2025:KHC-D:14239 RSA No. 100668 of 2025 ORAL JUDGMENT Learned counsel appearing for the appellant has filed a memo seeking withdrawal of the appeal, which reads as under: “MEMO FOR WITHDRAWAL “The Appellant submits as under. The appellant handed over the actual possession of schedule property and also handed over key to Decree holders/plaintiffs/respondents 1 & 2 on 24/10/2025. Wherefore, the appellant prays that, this Hon'ble court may be pleased to permit the appellant to withdraw the above appeal as not pressed and may be pleased to refund the court fee in the interest of justice and equity.” 2. In view of the memo, the appeal stands dismissed as withdrawn. The Court fee paid by the appellant is ordered to be refunded as per rules. 3. In view of disposal of the appeal, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. SD/- (C M JOSHI) JUDGE RKM CT:PA LIST NO.: 1 SL NO.: 2